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(영문) 광주지방법원 2014.03.25 2014고단180
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 15, 2013, at around 17:10 on November 15, 2013, the Defendant laid an empty bottle, which is a dangerous object, on the ground that the victim D (n, 62 years of age) was frightened on the floor without any justifiable reason while drinking in the “E” restaurant operated by the victim D (n, f2 years of age) in Gwangju North-gu, and laid down an empty bottle, which is a dangerous object, on the ground that the victim was frightened by the victim, and put the victim into the bottom of the right side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of investigation reports, on-site photographs, and statutes governing damaged photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., minor injury of the victim, the defendant has no criminal record of imprisonment without prison labor or heavier punishment, the defendant does not want the punishment of the defendant by mutual consent with the victim, and the defendant reflects the defendant, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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